Arbitration; Severability Clause Samples

The "Arbitration; Severability" clause establishes that any disputes arising under the agreement will be resolved through arbitration rather than through court litigation, and that if any part of the agreement is found to be invalid or unenforceable, the remaining provisions will still remain in effect. In practice, this means that parties must submit their disagreements to a neutral arbitrator, and if a specific term is struck down, the rest of the contract is preserved and continues to govern the relationship. This clause ensures efficient dispute resolution outside of court and maintains the integrity of the agreement even if certain provisions are challenged or invalidated.
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Arbitration; Severability. If the prohibition against class actions and other claims brought on behalf of third parties, or any other part of this Section 15.6 is found to be unenforceable, then all of the other language in this Agreement and this Section 15.6 will remain enforceable. To the extent that User or Novadontics are permitted to bring a claim relating to this Agreement in state or federal court, then such claim shall only be brought in courts located in San Diego, California.
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Arbitration; Severability. (a) Any dispute, claim or controversy between the parties with respect to the performance or interpretation of this Agreement or Employee's employment at Company which cannot be resolved between the parties shall be finally resolved by a binding arbitration to be conducted by a single arbitrator under the auspices of and in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") at a mutually acceptable place in St. Louis County, Missouri. The arbitrator shall be bound by the terms and conditions of this Agreement and shall have no power, in rendering the award to alter or depart from any express provision of this Agreement or to make a decision which is not supported by law and substantial evidence. Each party shall bear the costs of its own attorneys and experts, and the parties shall equally bear the costs, charges, and expenses, including the fees, charges, and expenses of the arbitrator and the AAA. Notwithstanding the parties' agreement to arbitrate, the parties reserve all of their respective rights to seek provisional remedies before the courts which they would have at law or equity, including temporary restraining orders, injunctions or other similar relief. (b) It is the desire and the intent of the parties that the terms and conditions of this Agreement shall be enforced to the fullest extent permissible. Accordingly, if any particular term or condition of this Agreement shall be adjudicated or become by operation of law invalid or unenforceable, this Agreement shall be deemed amended to delete therefrom such term or condition and the remainder of this Agreement shall remain in full force and effect. A deletion resulting from any adjudication shall apply only with respect to the operation of that term or condition in the particular jurisdiction in which such adjudication is made.
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Arbitration; Severability. If for any reason all or part of this arbitration provision is held to be invalid, illegal or unenforceable in any respect under any applicable law or regulation in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other part of this arbitration provision or any other jurisdiction. But this provision will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable part or parts of this arbitration provision had never been contained herein, consistent with the general intent of the parties, as evidenced herein, insofar as possible.
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Arbitration; Severability. If the prohibition against class actions and other claims brought on behalf of third parties, or any other part of this Section 16.f is found to be unenforceable, then all of the other language in this Agreement and this Section 16.f will remain enforceable. To the extent that User or Now Medical are permitted to bring a claim relating to this Agreement in state or federal court, then such claim shall only be brought in courts located in New York, New York.
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Related to Arbitration; Severability

  • Governing Law; Severability This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware excluding that body of law pertaining to conflicts of law. Should any provision of this Agreement be determined by a court of law to be illegal or unenforceable, the other provisions shall nevertheless remain effective and shall remain enforceable.

  • Reformation; Severability If any provision of this Agreement or the Notice (including any provision of the Plan that is incorporated herein by reference) shall hereafter be held to be invalid, unenforceable or illegal, in whole or in part, in any jurisdiction under any circumstances for any reason, (i) such provision shall be reformed to the minimum extent necessary to cause such provision to be valid, enforceable and legal while preserving the intent of the parties as expressed in, and the benefits of the parties provided by, this Agreement, the Notice and the Plan or (ii) if such provision cannot be so reformed, such provision shall be severed from this Agreement or the Notice and an equitable adjustment shall be made to this Agreement or the Notice (including, without limitation, addition of necessary further provisions) so as to give effect to the intent as so expressed and the benefits so provided. Such holding shall not affect or impair the validity, enforceability or legality of such provision in any other jurisdiction or under any other circumstances. Neither such holding nor such reformation or severance shall affect the legality, validity or enforceability of any other provision of this Agreement, the Notice or the Plan.

  • Non-Severability Each of the terms of this Disaffiliation Agreement is a material and integral part hereof. Should any provision of this Disaffiliation Agreement be held unenforceable or contrary to law, the entire Disaffiliation Agreement shall be deemed null and void.

  • Survival Severability The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

  • Interpretation; Severability (a) The Executive has carefully considered the possible effects on the Executive of the covenants not to compete, the confidentiality provisions and the other obligations contained in this Agreement, and the Executive recognizes that the Company has made every effort to limit the restrictions placed upon the Executive to those that are reasonable and necessary to protect the Company’s legitimate business interests. (b) The Executive acknowledges and agrees that the restrictive covenants set forth in this Agreement are reasonable and necessary in order to protect the Company’s valid business interests. It is the intention of the parties hereto that the covenants, provisions and agreements contained herein shall be enforceable to the fullest extent allowed by law. If any covenant, provision or agreement contained herein is found by a court having jurisdiction to be unreasonable in duration, scope or character of restrictions, or otherwise to be unenforceable, such covenant, provision or agreement shall not be rendered unenforceable thereby, but rather the duration, scope or character of restrictions of such covenant, provision or agreement shall be deemed reduced or modified with retroactive effect to render such covenant, provision or agreement reasonable or otherwise enforceable (as the case may be), and such covenant, provision or agreement shall be enforced as modified. If the court having jurisdiction will not review the covenant, provision or agreement, the parties hereto shall mutually agree to a revision having an effect as close as permitted by applicable law to the provision declared unenforceable. The parties hereto agree that if a court having jurisdiction determines, despite the express intent of the parties hereto, that any portion of the covenants, provisions or agreements contained herein are not enforceable, the remaining covenants, provisions and agreements herein shall be valid and enforceable. Moreover, to the extent that any provision is declared unenforceable, the Company shall have any and all rights under applicable statutes or common law to enforce its rights with respect to any and all Confidential Information or unfair competition by the Executive.